During the interrogation, Hebert indicated that he did not desire to make a statement. In attempt to get information out of Hebert, the police placed him in a cell with an undercover officer. The officer was dressed in plain clothes and was posing as a suspect under arrest by the police. The undercover office proceeded to engage Hebert in a conversation, during which Hebert made several incriminating statements. This action violated ss. 7 and 10(b) of the Canadian Charter of Rights and Freedoms. The Judge excluded the statements made by Hebert to the undercover officer, and he was later acquitted of the charges.

However, the Court of Appeal set aside the acquittal and ordered a new trial, concluding that the police had not violated ss. 7 and/or 10(b) of the Charter. The Court of Appeal allowed the appeal, concluding that the police had violated neither Hebert’s right to counsel. For the court, the right to counsel did not disqualify the police from questioning the accused in the absence of counsel after counsel had been contacted. Furthermore, the court asserted that the right to remain silent, as a fundamental principle of Justice, did not prohibit the accused being questioned by undercover police officers.

As such, the court set aside Hebert’s acquittal and ordered a new trial. Hebert appealed the decision to the Supreme Court of Canada. Issues involved in the Appeal The Supreme Court of Canada considered two issues: First, whether the police had violated the accused Charter of Rights when obtaining the statements. Secondly, if in fact they did violate his rights, whether they should be excluded under s. 24(2) of the Charter. Under section 7, the state is not allowed to use its power to overrule the suspect’s will and reverse his choice to speak to the authority or remain silent.

Therefore, the ourts must adopt an approach to interrogation which emphasizes the right of the statements, which have been obtained unfairly. There is nothing that prohibits the police from questioning an accused after they have retained counsel. Police persuasion does not breach the right to silence. In addition, the right only applies after detention. Thirdly, the right does not affect voluntary statements made to cell mates. Fourth, a distinction needs to be made between using undercover police to observe the accused and using undercover police to elicit information in violation to the accused right to remain silent.

Last, even where there is violation of the suspects rights, the evidence, where permitted, may be admitted. Only when the court is satisfied with the possibility that its reception would be likely to bring the administration of Justice into disrepute can the evidence be rejected under s. 24(2) of the Charter. Decision McLachlin writing for majority. Majority held that the evidence was inadmissible and upheld the trial Judge’s ruling. Majority found that the right to silence was a principle of fundamental Justice and as such was protected under section 7.

An accused right cannot be undermined hrough acts of police trickery when being held in custody by police. However, if the accused were to reveal information to an informer or undercover agent of their own free will then the statements could be used against them. Majority concluded that: 1 . Police violated the rights of the accused when obtaining the statements under section 7 of the Charter 2. The evidence should be excluded under s. 24(2) of the Ratio Decidendi Constitutional issue was whether the police had violated Hebert’s right to remain silent in process of obtaining information.

Basic doctrines from the principals of undamental Justice were examined which involved (1) investigating common law rules (2) examining the Charter (3) examining the purpose of the right to remain silent. 1 . Common Law Rules McLachlin concluded that there was a person whose right was at risk by the processes that occurred. Hebert had the right to choose whether to make a statement to the police or to remain silent. 2. The Charter of Rights and Freedoms The primary viewpoint of the Charter was the dominance of the rights and the the right to counsel under s. IO(b) and the right against self-incrimination under s. 1(c). In addition, as mentioned earlier, the right remain silent was an issue. Majority found that these rights granted Hebert right to be free of coercion by the police, but also the right to choose whether or not to give a statement. 3. Right to Remain Silent In this case, the court held that the right to silence was a principle of fundamental justice (core values within the Justice system that must triumph over these rights for the good of society). Statements cannot be achieved through police deception and silence cannot be used to make facilitate any presumption of guilt; therefore,

Hebert’s right was violated. Majority concluded that right to remain silent under s. 7 of the Charter guaranteed Hebert the right to decide whether to give a statement or not to the police. The right to decide whether to give a statement or not depended on the accused presence of an operating mind. It prohibits unfair conduct on behalf of the police. Lastly, the right to remain silent disqualified the statements that the police have obtained unjustly and in violation. Majority states that Heberts right to remain silent had been violated.

Hebert had exercised his decision not to speak to the police. When he later spoke to the undercover officer, Hebert had not reversed this decision therefore being tricked by the police violated his rights. However, Majority said this right to silence was subject to limitations: i. Nothing that states that the police are prohibited from questioning Hebert in the absence of his lawyer after contacting his lawyer it. Persuasion from the police was permissible up to the point of infringing upon Heberts’ rights or denying him of an “operating mind” (deception using undercover). ii. Right applies only after custody and does not allow undercover operations prior to detention. iv. The right does not affect statements made voluntarily by the accused to other cellmates. v. The right covers only deceptive activities by police where they attempt to get statements from the accused. It allows monitoring of the accused by the police or informants incase they overhear any voluntary statements made by the accused. v’. Statements obtained in violation of the right to remain silent would be excluded under s. 4(2) of the Charter where admittance would bring the Justice into disrepute. In addition, three factors where brought into discussion when determining whether the evidence should be excluded. . Effect of admission of evidence on the fairness: the admission of these statements would conclude the trial to be unfair. Hebert was tricked into making statements to the police after clearly stating he does not want to make any statements. 2. How serious the Charter violation would be: in this case, it would be quite serious because the police purposely were deceitful in order to gain knowledge. . Effect of the exclusion: exclusion of the evidence would result in an Importance of the case for miscarriages of Justice In this case the Supreme Court of Canada held that Section 7 of the Charter of Rights and Freedoms gives individuals in custody the right to remain silent. It gives an individual the right to decide whether they would like to make statements to authorities or not. If the individual makes a statement, they should be fully aware that this statement might pose risk.

Making statements without knowledge of future risk, and also after clearly stating that you would not like to make any statements to police, is evidence of procedural unfairness. “The right of silence, which has emerged at both the pre-trial and trial stages, is underpinned by the privilege against self ncrimination, and the broader notions of the rule of law espoused by the liberal tradition. The consequence of this right proposes that one cannot be required to answer a question that might tend to expose oneself to criminal conviction” (Hocking and Manville, 2001, p. 5). Ensuring that no miscarriages of Justice are attempted, such as wrongful convictions, it is necessary to abide by the Charter of Rights and Freedoms for the collective agreement of equality among all. R v Hebert was in importance for miscarriages of Justice because it ensures that individuals are not ricked into making incriminatory statements and ensures individuals are not coerced into confession where both may lead to wrongful convictions. Sherrin (2008) writes about the Charter of Rights and Freedoms and its relation to wrongful convictions.

Sherrin (2008) states, “false confessions are a surprisingly frequent contributor to wrongful convictions, so a constitutional right not to speak to the authorities could help the innocent by allowing them to hide behind a protected veil of silence. ” (p. 385). Often, the innocent will want to waive their right to remain ilent because they want to make a clear case to authorities about their innocence. But also, there are those who exercise this right in order to not be a part of a miscarriage of Justice which happen more than often in the current Justice system. False confessions seem to come about as a result of a critical combination of interrogative pressure and suspect vulnerability’ (Sherrin, 2008, p. 388). Police are permitted to use interrogations to attempt to acquire information, and this often results in false confessions depending on the individual being accused. Therefore, it s of importance to understand that the right to remain silent encourages for one to remain silent in order to negate from incriminatory statements, in addition, it does not permit police to use deceitful or “trick” tactics, after your decision to remain silent, in order to attain information.

In R v Hebert, the accused exercised his right to remain silent, yet authorities went forth with deception and tricked the accused into making various incriminatory statements. Using deception violates their right and excludes all statements as evidence. It is important because if these statements are he only evidence that would be used in trial, this can be a clear example of injustice and would lead to disrepute and power bias. responsibility for a perceived misdeed- is no doubt a deep seated impulse in all of us” (Stuart, 2008, preface).

Stuart (2008) uses Miranda v Arizona as the stem to his discussion on right to remain silent. He goes on to claim that most Americans assume that once a suspect is in custody, they are most likely guilty (preface). Miranda v Arizona was a very important case that concluded that prosecution may not use statements that came from interrogation unless demonstrated that safe procedures ere used to protect against self incrimination (Stuart, 2008). R v Hebert goes along this case in part due to the fact that the right to remain silent also protects one from self-incrimination.

Ernesto Miranda was a illiterate man that had minimum, if any, knowledge about Justice procedures, and therefore, was influenced to confession. Living in a country that accepts various of cultures every day, it is of great importance to ensure procedural fairness in order to limit possibility of false confessions and incriminating statements that can be used. As well, it is of great importance to ommunicate the rights individuals have when being detained.

Being detained can invoke many different emotions and feelings, and can cause individuals to make statements they otherwise would have not. Even the smallest misstatement can be interpreted a completely different way that does not favor the person accused. In addition to the above, the right to remain silent also promotes the need for proof beyond a reasonable doubt and presumes innocence. Whilst banning torture and deceit, with this right, the prosecution needs to acquire evidence that will prove, beyond reasonable doubt, that this individual is guilty.

Without the right to remain silent, incriminatory statements would be made, interpreted, and used to convict individuals that would in most cases be innocent. The right to remain silent is built on the presumption of innocence, requiring the prosecution to prove guilt. The allowance of various statements obtained by police would illustrate that the prosecution has failed to deliver the burden (Hocking and Manville, 2001). The possibility of planned incrimination where one is coerced on the outside to take blame for another also adds to the need for proof beyond a reasonable doubt from he prosecution.

In conclusion, R v Hebert is of significance to miscarriages of Justice because it is the stem that protects individuals from the coercive power that may lead to wrongful convictions. It protects individuals from being influences by interrogation tactics by authorities. In addition, it protects individuals from allows prosecution to utilize possibly incriminating statements as sole evidence for conviction – prosecution needs to prove guilt beyond a reasonable doubt. It also protects people that are not knowledgeable or can not communicate in certain languages from incriminating hemselves.

Individuals are also protected from the abuse of power by police in the possible use of trickery into obtaining information. Police goals are ones of wanting to lay charges and convictions, which can influence them to abuse their powers in order to achieve those goals. The violation of rights is unjust and can lead to wrongful convictions. Lastly, it protects police from interpreting statements in ways that can be incriminating. The right to remain silent allows for no interpretation, controls police power abuse, and strives for fairness throughout all processes. esumption of innocence, or a growing legal fiction. Macquarie Law Journal, 1(1), 63-90. R v Hebert. 2 S. C. R. 151 . Retrieved from http://scc. lexum. org/decisia-scc-csc/ scc- csc/scc-csc/en/item/625/index. do Sherrin, C. (2008). The charter and protection against wrongful conviction: Good, bad or irrelevant?. Supreme Court Law Review, 377-414. Stuart, G. (2008). Miranda: The story of ameriacs right to remain silent. (pp. 1-205). Arizona: University of Arizona Press. CRM4310B University of Ottawa student # 6080233 Professor Campbell October 24, 2013

In fiscal 2005, approximately 16% of Sea's net revenue was derived from sales Of EAI Studio games designed I I for play on the Oxbow. Nintendo - under the licensing agreement, EAI engages Nintendo to supply Nintendo Gamble] I proprietary optical format disk products for their products. In fiscal 2005, I approximately 7% of Sea's net revenue was derived from sales of EAI Studio games designed I I Value Chain Stance narrow (game software scope) LIFO play on the Nintendo Gamble. I Broad (total video game market) - EAI focus on the software component and not a complete video game...

•Briefly summarized the case. Juwan Howard, 23- year-old, negotiation case dealt with a basketball player bargaining between two teams (Washington Bullets and Miami Heat) struggle of team allegiances and negotiation of contract. Howard was drafted in 1994 by the Washington Bullets, a junior from University of Michigan with an 11-year salary for $37. 5 million with an option of becoming a free agent after two years. He signed but thought the contract amount was less than what he was valued. Juwan loved playing in Washington D. C; he established himself and valuable in the National Basketball Association (NBA) commodity becoming...

Background: The Royal Bank of Canada using CRM and customer profitability tools to gain a competitive advantage in Canada's increasingly crowded financial services market. Key Issues: RBC financial, a full service bank in Canada is facing fierce competition from leading financial institutes and new niche-market entrants after deregulation, the bank is also struggling with its 7th ranking out of 8 among financial institutions in the bank’s internal value for money study. Mr. Mclaughlin, the VP of CRM and information management have several questions in his mind – Having the real customer profitability numbers and using CRM tool, RBC know clearly...

Hugo Boss has become known as an industry trend setter for its high quality men’s and women’s fashion apparel, shoes, and accessories. Product leadership, intimate knowledge of their market and customers, and operational excellence are what distinguish the company from others in the luxury fashion goods industry. From an operational perspective, the variability that exists as a result of designing and manufacturing short run fashion products is high. This perpetual shifting of demands and preferences makes it difficult to maintain accurate industry forecasts that result in high risk actions as manufacturing products with no guarantee of sale leading to large...

OPERATIONS MANAGEMENT EXECUTIVE SHIRT COMPANY CASE PGP1 – Section A Group 13 Manohar Vankadara Darshan Karkera Sukvinder Singh Sunil Kumar A Touseefullah Siddiqui Q. 1) Compute the following quantities for the current production process as well as for Mike’s and Ike’s plans, assuming the plans are implemented as described in the case. Solution: Current batch processing Sales for the Executive Shirt Company are constituted of only a few basic styles and colours. Hence the company has a limited number of varieties to produce. So, it has large batches of each kind of shirt (size and color). It has only one...

Insubordination or Unclear Loyalties? * Abstract Ellen, the program director of Omega House, a hospice, was wondering how to deal with the new development officer, George. He reported to her and was also part of a cross program task force on fundraising within the Social Action Consortium (SAC), the umbrella organization for a variety of service agencies located in the Midwest. Ellen was accustomed to working in a team and found George’s communicative approach disconcerting. She was puzzled as to how to deal with the situation. Was the problem with George structural rather than individual? George’s job seemed unclear, with...

An increasing issue within the health care field is the inability to collect debt from the growing population of uninsured or underinsured patients. Healthcare organizations may be struggling to meet operational margins because the industry has never treated its customers like other retail-oriented sectors of the economy. A McKinsy and Company report states that hospitals incur sixty billion dollars in bad debt annually because they typically collect only ten to twenty percent of a total uninsured patient balance after service. MacKenzie, 2009) This is due to a number of reasons, including poor accounting practices or a lack of patient information....

This analysis is based on the 5 inquiries to the instance. We believe that replying them builds a instead thorough and clear image of the province of Jones’ concern and its strengths and issues and offers a good analysis of its current province. Question A ) How good is “Jones Electrical Distribution” executing? What must Jones make good to win? Jones Electrical Distribution is electrical providing company. Since it was established in 2004. the gross revenues have been turning steadily on a twelvemonth to twelvemonth footing from $ 1624000 in 2004 to $ 2224000 in 2006. and furthermore a jutting...

Charlotte Beers at Ogilvy & Mather Worldwide (A) Document purpose: suggestions to increase acceptance of Ogilvy & Mather’s new Vison on employees below senior executive management. Problem definition December 1993: Charlotte Beers assesses the progresses made by the company after she became CEO: she realizes that clients love the Brand Stewardship concept, but most employees, below executive levels, have not embraced the newly created Vison. The problem I will focus in this document is the following: the majority of employees did not embrace the new Vison. I will analyze why this is a key problem, why it is happening and...

My goal in this paper is to analyze Sunflower Incorporated with respect to organizational size and structure, bureaucracy, and control and make recommendations for improvement in communications along with recommendations regarding the potential use of information technology for strategic advantage. Sunflower Inc. is a large distribution company that purchases and distributes snack foods and liquor to retail stores throughout the United States and Canada. The organization has one head office and twenty-two regions. Each region is encouraged to be autonomous to accommodate local tastes and practices. Competition is very intense in the industry and Sunflower Inc. is unable to respond...

At artscolumbia.org you will find a wide variety of top-notch essay and term essay samples on any possible topics absolutely for free. Want to add some juice to your work? No problem! Here you will also find the best quotations, synonyms and word definitions to make your research essay well-formatted and your essay highly evaluated.

Sara
from Artscolumbia

Hi there, would you like to get such an essay? How about receiving a customized one? Check it out goo.gl/Crty7Tt